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Do I have any rights to my logo and or forum name before filing for Trademark?

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Lilac123

Junior Member
What is the name of your state (only U.S. law)? GA

I have been dealing with cyberbullying (which is another topic in of itself) and unfortunately the bully found out about a forum I am creating and decided to create a Fan Page on Facebook using that name, a logo that looks very similar to the one I have on the online forum, and it is obvious that he knew what he was doing by going that route with a post he made right before all of this happened.

I have complained to Facebook, as I also have an account through Facebook using that name and nothing has been done. I do want to file for a trademark, but obviously that isn't going to happen overnight. Do I have any recourse at all with this?

Facebook has recommended that I block him and anyone associated with him and yet that hasn't helped and I am so tired of this battle. I have had the forum name, website, and logo for a few months now.

Any ideas?
 


FlyingRon

Senior Member
Trademarks are established by using them in commerce (which is required before any registration has any meaning as well) so the answer is yes.

What do you mean you "complained" to Facebook. While statutory protection on this avenue applies only to copyright many companies will respond to other IP issues via the DMCA complaint: http://www.facebook.com/legal/copyright.php

If Facebook won't play ball with you, you've got no other recourse than to sue the bad guy. Registration itself isn't going to have the trademark police come crashing into the guys house to make him stop.
 

Lilac123

Junior Member
I complained through a similar venue, but not the trademark or copyright form you provided because I wasn't sure if not having the application started yet for a trademark would apply. My understanding is that the site name and logo is a trademark and any content contained within would be a copyright issue. In essence, I am just disputing the trademark because he hasn't been able to pull any content off of the online forum yet.

His fan page using my site name and similar logo is pretty active for being created a couple days ago. I just tried to submit that form but am getting errors, so I will keep trying.
 

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